Advice on applying for a lawful development certificate - build was completed 6 years ago

[apr8778]

Hello everyone, I hope you guys here can offer me some advice and experience on my situation, I've furiously been googling this for a few days, read alot of stuff, some conflicting, and found this forum.  Anyway I thought I would make my own post given it appears almost all situations are unique and there's alot of interpretation involved. 

 

In 2017 I built what could be considered a home bar/garden room, what ever you want to call it, I was aware of permitted development, but probably didn't do enough to fully understand it and the do's and don'ts in my situation, details on my build are below:

 

Height is within rules, under 2.5m from the highest point of my property

It is within 1m of my boundary on both sides

Under 50% of my land

I live on an end house, so it's within 1m to the footpath on one side. 

22m2 internal area, 3m2 overhang of the roof/decking area infront of my bifold doors. 

Timber framed on a concrete base. 

Kingspan insulation, walls, ceiling and floor

Fireboarded plasterboard walls and ceiling - then skimmed

External cladded walls

GRP Roof - Flat roof

Toiler/sink with waste pipe going direct to the manhole/drain in my garden

Electric with it's own breaker board - signed off by an electrician. 

 

It's a good build, done my by father (joiner of 40 years) and myself.  I believe I fall foul of quite a few PD rules here. 

 

I'm looking to sell my house very soon and not concerned my build could cause me issues, so I'd like to apply for a lawful development certificate under the 4 year rule. 

Can any of you offer any advice at all, can I apply myself, does it need to be really in depth and water tight given it's over 4 years. 

 

Edit: In terms of proving when it was built, I have google earth/maps/street view - dated

Pictures from phones etc. which I assume have metadata

Invoices for materials - dated

 

Edited February 12 by apr8778

[SBMS]

  On 12/02/2025 at 21:22, apr8778 said:

Hello everyone, I hope you guys here can offer me some advice and experience on my situation, I've furiously been googling this for a few days, read alot of stuff, some conflicting, and found this forum.  Anyway I thought I would make my own post given it appears almost all situations are unique and there's alot of interpretation involved. 

 

In 2017 I built what could be considered a home bar/garden room, what ever you want to call it, I was aware of permitted development, but probably didn't do enough to fully understand it and the do's and don'ts in my situation, details on my build are below:

 

Height is within rules, under 2.5m from the highest point of my property

It is within 1m of my boundary on both sides

Under 50% of my land

I live on an end house, so it's within 1m to the footpath on one side. 

22m2 internal area, 3m2 overhang of the roof/decking area infront of my bifold doors. 

Timber framed on a concrete base. 

Kingspan insulation, walls, ceiling and floor

Fireboarded plasterboard walls and ceiling - then skimmed

External cladded walls

GRP Roof - Flat roof

Toiler/sink with waste pipe going direct to the manhole/drain in my garden

Electric with it's own breaker board - signed off by an electrician. 

 

It's a good build, done my by father (joiner of 40 years) and myself.  I believe I fall foul of quite a few PD rules here. 

 

I'm looking to sell my house very soon and not concerned my build could cause me issues, so I'd like to apply for a lawful development certificate under the 4 year rule. 

Can any of you offer any advice at all, can I apply myself, does it need to be really in depth and water tight given it's over 4 years. 

 

 

 

 

Expand  

First question - is this not covered under permitted development?

 

If not - simple indemnity policy in the event it’s even picked up at sale stage. £200 tops for a simple planning consent insurance. Probably less than the cost of an LDC. 

[apr8778]

  On 12/02/2025 at 21:36, SBMS said:

First question - is this not covered under permitted development?

 

If not - simple indemnity policy in the event it’s even picked up at sale stage. £200 tops for a simple planning consent insurance. Probably less than the cost of an LDC. 

Expand  

From what I can gather it has the potential to fall foul due to the following:

 

Within 1m of boundary and what could arguably be considered "combustible materials"

Toiler/sink/water supply

Building regs - the only official thing I have is the electric cert.

[SBMS]

  On 12/02/2025 at 21:46, apr8778 said:

From what I can gather it has the potential to fall foul due to the following:

 

Within 1m of boundary and what could arguably be considered "combustible materials"

Toiler/sink/water supply

Building regs - the only official thing I have is the electric cert.

Expand  

You can have a toilet/sink/water supply to an outbuilding. Only restriction is that it cannot be separate living accommodation (and even that is vague). 
 

nothing I have ever seen about combustible materials in PD…

 

your building can be within 1m of boundary as long as it is under 2.5m at its highest point. 
 

building regs nothing to do with and not required for planning or PD. 
 

it sounds like you’ve built a fancy, but compliant, shed!
 

 

[DevilDamo]

You could go down the Lawful (4 year route) but as @SBMS mentioned, it would cost you more as opposed to taking out an indemnity policy nearer the time of sale.

[apr8778]

  On 12/02/2025 at 22:37, SBMS said:

You can have a toilet/sink/water supply to an outbuilding. Only restriction is that it cannot be separate living accommodation (and even that is vague). 
 

nothing I have ever seen about combustible materials in PD…

 

your building can be within 1m of boundary as long as it is under 2.5m at its highest point. 
 

building regs nothing to do with and not required for planning or PD. 
 

it sounds like you’ve built a fancy, but compliant, shed!
 

 

Expand  

your building can be within 1m of boundary as long as it is under 2.5m at its highest point. 
 

building regs nothing to do with and not required for planning or PD. 

 

This doesn't appear to be the case if you're within 1m of the boundary and it's build of "combustible materials" (timber)

 

[apr8778]

  On 13/02/2025 at 08:17, DevilDamo said:

You could go down the Lawful (4 year route) but as @SBMS mentioned, it would cost you more as opposed to taking out an indemnity policy nearer the time of sale.

Expand  

I'll probably just go this way like suggested, I wasn't aware such thing existed, but seems well worth the £200 for everyone involved. 

[Temp]

Planning Permission and Building Control Approval are two different things...

 

Planning Permission

 

I know an extension to the side between your house and the footpath (a highway) needs Planning Permission but I don't think an outbuilding in the same place does. At least not according to my read of this (Section E refers to outbuildings)..

 

https://www.gov.uk/government/publications/permitted-development-rights-for-householders-technical-guidance/permitted-development-rights-for-householders-technical-guidance#class-e-buildings-etc

 

If it did need Planning Permission then after 4 years you should be able to get a Certificate on the grounds that Enforcement action can no longer be taken. Be prepared to prove when it was finished (receipts, aerial photos?)

 

Building Control Approval

 

As its over 15sqm and within 1m of the boundary (and possibly for other reasons) I think Building Control Approval was required. 

 

Previously Building Control only had 2 (?) years to take action. However I believe on 1 October 2023 this time limit was extended to 10 years in England and Wales.

 

What would I do..

 

I think I would Let sleeping dogs lie. When/if asked you need to answer truthfully but that need not mean loss of a sale.

 

I would answer something like: The purchaser should make their own checks but I believe the outbuilding complies with Permitted Development rules (Section E Outbuildings). Building Control Approval was not applied for. 

 

Depending on what paperwork you have for the electrics mention that.